Cerebral Palsy Claims

Cerebral Palsy Claims – How To Make Sense Of It All

Having a child with cerebral palsy is a huge challenge for any parent. What makes it worse is the very common feeling that the damage to their brain might have been avoided and may call for the services of a Cerebral Palsy lawyer.

Cerebral palsy (CP) is caused by an abnormal development of the brain. Very commonly this abnormality affects the movement of the body. There are many different types of cerebral palsy, and no two cases are ever exactly the same. Symptoms can range from being relatively mild to being very severe and life limiting. The most common causes are either an infection or trauma during pregnancy, a premature birth, genetics or a very difficult birth. Clearly some of these causes can’t be helped.

If a child is born with a genetic abnormality of the brain then there is nothing anyone can do about it. If on the other hand, the child developing the condition could have been avoided but wasn’t due to medical negligence, then parents may be entitled to make a compensation claim through a Cerebral Palsy lawyer.

Medical negligence claims are very complicated. Proving who is at fault for an illness or symptom is often nearly impossible. Of all medical negligence claims, cerebral palsy claims are perhaps the most complex. Before embarking on legal proceedings it is important that you realize it won’t be straightforward.

If CP is caused during childbirth it is almost always due to a lack of oxygen to the brain (hypoxic injury). This lack of oxygen can be caused by any number of factors, some of which can be monitored and avoided by medical staff if they take the right steps in time. In order for a compensation claim to be successful you need to prove the cause of the hypoxic injury, as well as the ways that the medical staff was negligent. This is often a very difficult task. visit their official website for more detailed information.

If you are considering making a claim then you need to be represented well. Having a general, non-specialized solicitor represent you will almost certainly lead to your claim being turned down. In order to stand any chance of finding the truth you need to use a specialist Cerebral Palsy lawyer who ideally has extensive experience in dealing with cerebral palsy compensation claims.

Cerebral Palsy Claims

Normally, liability will be disputed and court proceedings will have to be commenced. In order to save costs it is likely that the court will then order a split trial, with quantum only being dealt with if the claimant wins a trial on liability. Before any trial various stages are passed through to try to reduce the issues between the opposing medical experts but ultimately it may be necessary for them to give oral evidence at a trial and for a judge to apply the aforementioned tests of medical negligence and causation, and decide whether or not the claimant has proved his or her case. Need more details? visit http://masslawyersweekly.com/2016/11/23/baby-born-with-cerebral-palsy-after-emergency-c-section/

The financial and emotional cost of having a child with cerebral palsy is always so much higher than you might think. If the condition could have been avoided by medical staff then this simply adds to the anguish. If you feel that you have a strong case for a cerebral palsy compensation claim then you should seek specialist legal advice from a Cerebral Palsy lawyer as soon as possible.

Medical Negligence

Cerebral Palsy and Medical Negligence

Cerebral Palsy is often a term used to broadly cover a variety of neurological disorders affecting an individual’s ability to control muscle function. Cerebral palsy is characterized as chronic and non-progressive, with assorted symptoms that differ from person to person. The United Cerebral Palsy Foundation estimates that as many as eight hundred thousand children and adults in the United States live with some form of the condition and increasing numbers of cases are using the services of a Cerebral Palsy lawyer.

It is also estimated that nearly ten thousand babies born in the United States will develop Cerebral Palsy. (statistics courtesy of The Centers for Disease Control and Prevention) Although some people are able to lead completely normal lives without the need for any major assistance, others may never be able to care for themselves properly. For these people, the expense of managing their condition can be astronomical.

There are essentially three main causes of Cerebral Palsy. In general, the condition is due to abnormal brain development or a brain injury in the area that controls bodily movement. For years many physicians believed Cerebral Palsy was due to complications that occurred during labor and delivery. Today, however, there seem to more definitive causes.

The first reason Cerebral Palsy can occur is due to a congenital issue. This means the abnormal brain development happened early on in the pregnancy, or that damage occurred to the white matter of the brain in later stages of pregnancy. It can also be a result of bleeding in the brain from a fetal stroke, and/or loss of oxygen to the brain during labor and delivery.

A very small number of cases develop after the time of birth, but before the age of three. These cases generally come about because of a traumatic brain injury from an accident or abuse, or due to a severe illness such as meningitis.

The third, and most difficult cause of Cerebral Palsy to accept, is due to an issue that arose during the birthing process from medical negligence. This means that some action was taken by a member of the medical staff that could have or should have been avoided, resulting in an injury to the brain. These mistakes could have happened at some point during the pregnancy, during delivery, or even after delivery.

The symptoms can vary a great deal; however, there are some key warning signs that you should be aware of. These symptoms include: failure to reach key developmental milestones (such as walking or crawling), abnormal muscle tone (such as a floppy or stiff appearance), an early hand preference, or persistent reflexes.

In order to be sure of whether or not your child has developed the condition a full medical exam needs to be carried out. This will be able to completely eliminate other movement disorders, or other types of medical conditions. It is important to note, there are several forms of Cerebral Palsy, as explained below.

Cerebral Palsy Spastic: Identifiable by awkward movements and stiff muscle tone. Other possible symptoms can include, trouble with speech, inability to eat, seizures, learning disabilities, weakness on one side of the body, and a “scissored gait”. This type of Cerebral Palsy is the most common.

Cerebral Palsy Ataxic: The most recognizable symptoms of this form of the condition include poor coordination, poor balance, and an unusually wide gait. This is the least common form of Cerebral Palsy.

Cerebral Palsy Dyskinetic: Common symptoms include floppy muscle tone, difficulty walking, difficulty sitting, involuntary movements, difficulty eating, trouble with speech, and difficulty performing everyday tasks. These symptoms may worsen under stress, yet become completely unnoticeable while sleeping.

Mixed Cerebral Palsy: This form of the disorder can cause a mixture of symptoms including floppy and stiff muscle tone, and a wide range of dyskinetic movements.

Medical Negligence

Children who experience symptoms usually also have other issues with cognition, behavior, sensations, communication, and perception. Other medical issues such as recurrences of pneumonia and seizures are common as well.

Many infants and children who suffer with Cerebral Palsy may have to be cared for by a professional over the course of their entire lifetime. This may mean regular physical, speech, drug therapy, and surgical treatments to help improve or correct abnormalities. These individuals may also require orthodontic devices such as braces, walkers, wheelchairs, and even specialized communication aids such as voice synthesizers. Read more details at http://calgaryherald.com/news/local-news/car-to-be-auctioned-to-pay-for-refugee-girls-cerebral-palsy-surgery

If you believe your child’s Cerebral Palsy was a result of medical negligence it is absolutely essential that you meet with an experienced Cerebral Palsy lawyer that can provide you with the assistance you need. These attorneys are a type of personal injury lawyer who know exactly how to go about obtaining the justice you deserve.